evidence – Current Awareness

Lucy Letby calls for public inquiry into baby deaths to be halted – The Guardian

Posted March 18th, 2025 in appeals, children, Criminal Cases Review Commission, criminal justice, delay, evidence, hospitals, inquiries, murder, news, nurses by tracey

‘Lucy Letby has called for the public inquiry into her crimes to be halted, arguing there is now “overwhelming and compelling” evidence undermining her baby murder convictions. Lawyers for the former nurse took the extraordinary step of writing to Lady Justice Thirlwall on Monday to say that the inquiry – which is due to end on Wednesday – should be suspended immediately.’

The Guardian, 17th March 2025

Source: www.theguardian.com

Pre-recorded evidence has no impact on rape conviction rates, MoJ claims – Law Society’s Gazette

Posted March 11th, 2025 in criminal justice, cross-examination, evidence, Ministry of Justice, news, rape, sexual offences, statistics, video recordings by tracey

‘There is no evidence to suggest that pre-recorded video evidence from complainants and witnesses in sexual offence trials reduces jury conviction rates, the Ministry of Justice said yesterday.’

Law Society's Gazette, 11th March 2025

Source: www.lawgazette.co.uk

MJF: a re-emphasis on statements of case and evidential rigour – 1 QMLR

Posted March 6th, 2025 in chambers articles, damages, evidence, expert witnesses, medical treatment, negligence, news, witnesses by sally

‘The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in her condition. The importance of the case to practitioners lies not in its determination on substantive law, but in the Judge’s observations on (i) statements of case; (ii) witness statements and witness evidence; and (iii) expert evidence.’

1 QMLR, 6th March 2025

Source: 1corqmlr.com

Litigation funder awarded £2.1m on assigned claim – Legal Futures

Posted March 5th, 2025 in assignment, champerty, damages, evidence, misuse of private information, news by tracey

‘A litigation funder that took assignment of an inventor’s claim that his idea was ripped off by early stage investors has been awarded £2.15m in damages by the High Court.’

Legal Futures, 5th March 2025

Source: www.legalfutures.co.uk

Royal contemnors and video evidence – Tanfield Chambers

Posted February 26th, 2025 in bankruptcy, chambers articles, evidence, news, remote hearings, video recordings by sally

‘In the ongoing saga between HRH Prince Hussam Bin Saud Bin Abdulaziz Saud (“Prince Hussam”) and Mobile Telecommunications Company KSCP (“MTC”), the High Court was recently faced with the question of whether Prince Hussam, his mother Princess Noorah, and his wife Princess Sarah, should be able to give evidence remotely during the trial of MTC’s bankruptcy petition against Prince Hussam. In deciding that Prince Hussam and Princess Noorah, but not Princess Sarah, could give evidence remotely, Thompsell J explored a number of authorities concerning applications to appear in court by video link (“VCF applications”). The aim of this article is to first set out the background to Prince Hussam’s VCF application, and to then explore the relevant principles raised by Thompsell J which are relevant to practitioners dealing with issues in this field.’

Tanfield Chambers, 24th January 2025

Source: tanfieldchambers.co.uk

Firm succeeds in legal aid claim appeal over prosecution evidence – Law Society’s Gazette

Posted February 25th, 2025 in appeals, evidence, law firms, legal aid, news, sexual offences by tracey

‘A Plymouth-based firm has succeeded – in part – in a High Court appeal against legal aid payments over the number of pages of prosecution evidence.’

Law Society's Gazette, 24th February 2025

Source: www.lawgazette.co.uk

“Accusation without evidence” – tribunal slams SRA prosecution – Legal Futures

Posted February 18th, 2025 in costs, disciplinary procedures, evidence, law firms, news, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has castigated the Solicitors Regulation Authority (SRA) for prosecuting a law firm and two partners based on “accusation without evidence”.’

Legal Futures, 18th February 2025

Source: www.legalfutures.co.uk

In your own words – 3 Hare Court

Posted February 10th, 2025 in accidents, chambers articles, civil procedure rules, evidence, interpreters, news, personal injuries, practice directions, witnesses by tracey

‘Frequently, in overseas injury claims, one (or perhaps both) of the parties seeks to adduce evidence from a witness whose first language is not English. Before getting to the issue as to whether that witness will be able to give oral evidence at trial by video (a topic for another day), there will need to be a suitable written statement for that witness. The experience of a witness statement in English put before the court when it becomes quickly apparent that the witness is unable to speak or read English, is not a happy one. It is important to bear in mind the requirements of the CPR as to how the statements of witnesses in such cases should be prepared.’

3 Hare Court, 6th February 2025

Source: www.3harecourt.com

After experts find ‘no medical evidence’ of murder, will Lucy Letby get a retrial? – The Guardian

Posted February 6th, 2025 in appeals, attempted murder, children, Criminal Cases Review Commission, evidence, hospitals, murder, news, nurses, reports, retrials by sally

‘Despite 14 leading experts concluding there was “no medical evidence” that Lucy Letby murdered babies, there is no guarantee that her case will be sent back to the court of appeal – let alone quickly.’

The Guardian, 5th February 2025

Source: www.theguardian.com

Lucy Letby murder convictions: what did the expert panel find? – The Guardian

Posted February 5th, 2025 in children, evidence, hospitals, murder, news, nurses, reports by sally

‘Group concludes babies died due to natural causes or errors in medical care, saying there was no evidence of deliberate harm.’

The Guardian, 4th February 2025

Source: www.theguardian.com

What is the new challenge to the evidence used to convict Lucy Letby? – The Guardian

Posted February 4th, 2025 in children, Criminal Cases Review Commission, evidence, expert witnesses, hospitals, murder, news, nurses by tracey

‘Letby’s legal team is preparing to submit a case to the body that investigates potential miscarriages of justice.’

The Guardian, 4th February 2025

Source: www.theguardian.com

Lucy Letby latest: Experts to reveal ‘significant new medical evidence’ questioning child killer’s guilt – The Independent

Posted February 4th, 2025 in children, Criminal Cases Review Commission, evidence, expert witnesses, hospitals, murder, news, nurses by tracey

‘An international panel of experts in the care of newborn babies will present what they say is “significant new medical evidence” in the case of convicted child serial killer Lucy Letby.’

The Independent, 4th February 2025

Source: www.independent.co.uk

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

Posted January 31st, 2025 in case management, chambers articles, evidence, hospitals, housing, landlord & tenant, negligence, news, repairs by Lily

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

Injuries to a baby: Part 1 – a mystery to be solved by the family court – Transparency Project

Posted January 30th, 2025 in care orders, child abuse, children, evidence, family courts, news, personal injuries by sally

‘One evening in autumn 2023, a young couple took their five month old baby to an emergency hospital where she was diagnosed with numerous physical injuries (some very serious) which the parents couldn’t explain. Local authority children’s services were called in and care proceedings began. The baby went into foster care under an interim care order when she left hospital. Fortunately, she soon fully recovered from the injuries. More than a year later, a full care order was made.’

Transparency Project, 29th January 2025

Source: transparencyproject.org.uk

When is a witness an unreliable witness? A case report on MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) – 12KBW

Posted January 30th, 2025 in causation, chambers articles, evidence, medical records, medical treatment, negligence, news, witnesses by tracey

‘Thea Wilson looks at the recent High Court decision in MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) and considers the perennial question of how a court assesses the reliability of a witness in the face of conflicting medical records.’

12KBW 29th January 2025

Source: clinicalnegligence.blog

Obtaining imaging orders from the English courts – OUT-LAW.com

Posted January 27th, 2025 in civil justice, computer programs, disclosure, evidence, fraud, injunctions, news by tracey

‘Imaging orders offer another useful tool to civil fraud litigators needing to urgently prevent the concealment and destruction of relevant digital evidence.’

OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12 KBW

Posted January 21st, 2025 in chambers articles, clergy, evidence, expert witnesses, fundamental dishonesty, news, sexual offences by tracey

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

12 KBW, 20th January 2025

Source: 12kbw.co.uk

Manchester 21-year-old’s conviction quashed after rap video evidence refuted – The Guardian

Posted January 16th, 2025 in appeals, conspiracy, evidence, grievous bodily harm, identification, news, video recordings by sally

‘An aspiring law student who addressed MPs in parliament has had his conviction for being part of a violent conspiracy quashed after new evidence showing he was wrongfully identified in a drill music video.’

The Guardian, 15th January 2025

Source: www.theguardian.com

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

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